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This settlement is closed!
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The home improvement referral company Modernize Inc. has agreed to pay $800,000 to settle a class action lawsuit alleging violations of the Telephone Consumer Protection Act.
If you received a telemarketing call from Modernize between Nov. 1, 2013 and Feb. 1, 2018, you could get $20 from this class action settlement.
To be eligible, the call must have been made to a cellular telephone line using an automatic telephone dialing system or artificial or prerecorded voice.
The Modernize class action lawsuit accused the company of using “cold calling” to further their home improvement business.
The Modernize telemarketing calls were made to consumers’ cell phones, wasting time, energy, and valuable data, the class action lawsuit states.
“Plaintiff and the other call recipients were harmed by these calls. They were temporarily deprived of legitimate use of their phones because the phone line was tied up, they were charged for the calls and their privacy was improperly invaded,” the Modernize class action lawsuit claims.
According to the Modernize class action lawsuit, the telemarketing calls were also made using an automatic dialing system and consumers said that the message on the other end of the line was prerecorded.
The plaintiffs accused Modernize Inc. of violating the Telephone Consumer Protection Act, or TCPA. The TCPA is a federal law that protects consumers from the annoyance and hassle of telemarketing calls.
Under the TCPA, companies are prohibited from calling consumers with marketing messages by phone without prior express consent. Additionally, the Act limits the use of automatic dialing systems, including systems that randomly generate phone numbers. Further, prerecorded messages are prohibited under the Act.
Modernize Inc. agreed to pay $800,000 under the terms of the class action settlement. Additionally, the company has agreed to come into compliance with the TCPA by revising the use of its automatic dialing system, prerecorded messages, and calls to cell phone numbers.
To make a claim, Class Members must submit a completed Claim Form by May 11, 2019 either online or by mail. The phone number that received the Modernize telemarketing call must be provided.
Class Members who want to opt out or exclude themselves from the settlement must do so by May 11, 2019.
Who’s Eligible
Class Members include those who received a telemarketing call from Modernize Inc. between Nov. 1, 2013, through Feb. 1, 2018.
To be eligible, the call must have been made to a cellular telephone line using an automatic telephone dialing system or artificial or prerecorded voice.
Potential Award
$20 (estimate)
Proof of Purchase
Phone number that received the telemarketing call.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
05/11/2019
Case Name
Amanda Hopkins v. Modernize Inc., Case No. 4:17-cv-40087-TSH, in the U.S. District Court for the District of Massachusetts, Worcester County
Final Hearing
10/04/2019
UPDATE: The Modernize Telemarketing Calls Class Action Settlement was granted final approval on October 9, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Amanda Hopkins v. Modernize Inc.
Settlement Administrator
c/o A.B. Data Ltd.
P.O. Box 173029
Milwaukee, WI 53217
877-266-8807
Class Counsel
Edward Broderick
Anthony Paronich
BRODERICK & PARONICH PC
Brian Murphy
Jonathan P. Misny
MURRAY MURPHY MOUL & BASIL LLP
Alex Washkowitz
CW LAW GROUP PC
Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE
Defense Counsel
Matthew L. Knowles
Robert Cordy
Shamis Beckley
MCDERMOTT WILL & EMERY LLP
Aaron Scolari
ROGERS JOSEPH O’DONNELL PC
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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36 thoughts onModernize Telemarketing Calls Class Action Settlement
We got ours around May 16, 2020 in Texas.
***IMPORTANT CASE UPDATE***
On May 15, 2020 Settlement Checks were mailed to Settlement Class Members who submitted valid claims. Please allow 5-10 business days for delivery.
Contact AB Data or Class Counsel for information on your claim. That what I did.
And…..
What was your outcome, Bill, after speaking with either AB Data or
Class Counsel?